Summary
The Supreme Court of Ohio permanently disbarred Shondra Collette Longino for 48 violations of the Ohio Rules of Professional Conduct, including neglect of client matters, fraudulent notarizations, conflicts of interest, trust-account violations, and misappropriation of client settlement funds. The court found no mitigating circumstances sufficient to overcome the presumptive sanction of disbarment for misappropriation and adopted the board’s findings and recommendation.
Topics
Practice areas
Questions Presented
- Whether the evidence established Longino's violations of the Ohio Rules of Professional Conduct.
- Whether the alleged violation of Prof.Cond.R. 1.4(a)(1) in Count 2 was proven by clear and convincing evidence.
- What sanction was appropriate for Longino's extensive misconduct, including misappropriation of client funds.
Holdings
- The court adopted the board's findings of fact and conclusions of law establishing multiple violations of the Ohio Rules of Professional Conduct, including violations involving dishonesty, neglect, failure to communicate, trust-account misconduct, conflicts of interest, and misappropriation of client funds.
- The alleged violation of Prof.Cond.R. 1.4(a)(1) in Count 2 was dismissed because Disciplinary Counsel failed to prove it by clear and convincing evidence.
- Permanent disbarment was the appropriate sanction for Longino's misappropriation of client funds, numerous additional violations, aggravating factors, and absence of mitigating circumstances.
Key quotations
“We have consistently recognized that the presumptive disciplinary sanction for misappropriation of client funds is disbarment.” (¶ 39)
“Having considered respondent’s conduct, the aggravating factors, the absence of mitigating factors, and our precedent, we adopt the board’s findings of fact and conclusions of law and conclude that the appropriate sanction for respondent’s misconduct is permanent disbarment.” (¶ 40)
Factual background
Longino neglected multiple client matters, failed to keep clients informed, filed or notarized false and forged poverty affidavits, mishandled client trust funds, and represented clients with conflicting interests. She settled one client's civil matter without authorization, deposited the settlement proceeds into her operating account, and dissipated the funds without providing restitution. She also failed to competently handle bankruptcy and other proceedings, resulting in dismissals and harm to clients.
Procedural history
Disciplinary Counsel filed a twelve-count complaint against Longino, later amended to add three counts. After a three-day hearing, a panel found multiple violations and recommended an indefinite suspension subject to reinstatement conditions. The Board accepted the findings but recommended permanent disbarment because of Longino's extraordinary record of misconduct. The Supreme Court of Ohio adopted the findings and imposed permanent disbarment; it dismissed one alleged violation under Count 2 for lack of clear and convincing evidence.